Require photo identification when applying for a marriage license

hb386_03_RFS

As Re-Referred to the Senate General Government Committee

136th
General Assembly

Regular
Session
H. B. No. 386

2025-2026

Representatives Odioso, Abrams

Cosponsors: Representatives Mathews,
A., Bird, Brennan, Brownlee, Gross, Hall, D., John, Lampton, Lear,
Miller, J., Miller, M., Newman, Oelslager, Plummer, Ray, Richardson,
Robb Blasdel, Schmidt, Synenberg, Thomas, C., Williams, Willis

To
amend section 3101.05 of the Revised Code
to
require identity verification with photo identification when applying
for a marriage license.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 3101.05 of the Revised Code be amended to read as follows:

Sec.
3101.05.
(A)
(A)(1)

The parties to a marriage shall make an application for a marriage
license. Each of the persons seeking a marriage license shall
personally appear in the probate court within the county where either
resides, or, if neither is a resident of this state, where the
marriage is expected to be solemnized. If neither party is a resident
of this state, the marriage may be solemnized only in the county
where the license is obtained. Each party shall make application and
shall state upon oath, the party's name, age, residence, place of
birth, occupation, father's name, and mother's maiden name, if known,
and the name of the person who is expected to solemnize the marriage.
If either party has been previously married, the application shall
include the names of the parties to any previous marriage and of any
minor children, and if divorced the jurisdiction, date, and case
number of the decree. If either applicant is the age of seventeen
years, the judge shall require the applicants to state that they
received marriage counseling satisfactory to the court. Except as
otherwise provided in this division, the application also shall
include each party's social security number. In lieu of requiring
each party's social security number on the application, the court may
obtain each party's social security number, retain the social
security numbers in a separate record, and allow a number other than
the social security number to be used on the application for
reference purposes. If a court allows the use of a number other than
the social security number to be used on the application for
reference purposes, the record containing the social security number
is not a public record, except that, in any of the circumstances set
forth in divisions (C)(1) to (5) of section 3101.051 of the Revised
Code, the record containing the social security number shall be made
available for inspection under section 149.43 of the Revised Code.

Immediately
upon receipt of an application for a marriage license, the court
shall place the parties' record in a book kept for that purpose. If
the probate judge is satisfied that there is no legal impediment and
if one or both of the parties are present, the probate judge shall
grant the marriage license.

If
the judge is satisfied from the affidavit of a reputable physician,
clinical nurse specialist, or certified nurse practitioner in active
practice and residing in the county where the probate court is
located, that one of the parties is unable to appear in court, by
reason of illness or other physical disability, a marriage license
may be granted upon application and oath of the other party to the
contemplated marriage; but in that case the person who is unable to
appear in court, at the time of making application for a marriage
license, shall make and file in that court, an affidavit setting
forth the information required of applicants for a marriage license.

A
probate judge may grant a marriage license under this section at any
time after the application is made.

A
marriage license issued shall not display the social security number
of either party to the marriage.

(2)
Each person seeking a marriage license shall present current and
valid documentary proof of identity in the form of any one of the
following:

(a)
A passport;

(b)
A license or permit to operate a motor vehicle as defined under
section 4501.01 of the Revised Code;

(c)
Any government- or school-issued identification card showing the
person's date of birth.

(3)

Each
person seeking a marriage license shall present documentary proof of
age in the form of any one of the following:

(1)
(a)

A copy of a birth record;

(2)
(b)

A birth certificate issued by the department of health, a local
registrar of vital statistics, or other public office charged with
similar duties by the laws of another state, territory, or country;

(3)
(c)

A baptismal record showing the person's date of birth;

(4)
(d)

A passport;

(5)
(e)

A license or permit to operate a motor vehicle as defined under
section 4501.01 of the Revised Code;

(6)
(f)

Any government- or school-issued identification card showing the
person's date of birth;

(7)
(g)

An immigration record showing the person's date of birth;

(8)
(h)

A naturalization record showing the person's date of birth;

(9)
(i)

A court record or any other document or record issued by a
governmental entity showing the person's date of birth.

(B)
An applicant for a marriage license who knowingly makes a false
statement in an application or affidavit prescribed by this section
is guilty of falsification under section 2921.13 of the Revised Code.

(C)
No licensing officer shall issue a marriage license if the officer
has not received the application, affidavit, or other statements
prescribed by this section or if the officer has reason to believe
that any of the statements in a marriage license application or in an
affidavit prescribed by this section are false.

(D)
Any fine collected for violation of this section shall be paid to the
use of the county together with the costs of prosecution.

Section
2.
That
existing section 3101.05 of the Revised Code is hereby repealed.